Frost v. Rawson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. Action to foreclose a mechanic’s lien. Mary E. Rawson and others, defendants, contracted with J. H. Robinson, who is also a defendant, to do the mason work in the erection of a brick building on a lot owned by them.
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Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. Action to foreclose a mechanic’s lien. Mary E. Rawson and others, defendants, contracted with J. H. Robinson, who is also a defendant, to do the mason work in the erection of a brick building on a lot owned by them. The plaintiff subcontracted with Robinson to furnish the brick for the building, and they were so furnished; the last of them being delivered on the twenty-fourth day of June, 1891. On the sixteenth day of July, 1891, the plaintiff filed a mechanic’s lien on the building and lot for one hundred and sixty-five dollars…
1Opinion of the Court
Granger, O. J.
1 *5552 *554The demurrer to the petition was filed by Mary E. Rawson and the other defendants, who were owners of the lot and employers, of Robinson. The question for determination is as to the liability of a subcontractor for improvements. It will be observed that the only notice given the owners, by the plaintiff, of the filing of his claim, was a verbal one, and that the equity suit was commenced, and the adjustments made with the other subcontractors, more than thirty days after the last of the material was furnished. The precise question is as to the kind of notice that will…
2Cases cited4 opinions
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
- Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878
- Walker v. QuealSupreme Court of Iowa · 1894
- Robinson v. State InsuranceSupreme Court of Iowa · 1881
3Cited by3 opinions
- Page v. GrantSupreme Court of Iowa · 1905
- Cedar Rapids Sash & Door Co. v. HeinbaughSupreme Court of Iowa · 1918
- Green Bay Lumber Co. v. AdamsSupreme Court of Iowa · 1899